Terms of Service
1. Your Acceptance
BY USING AND/OR VISITING www.iVlog.TV ("Website", "iVlog.TV", "iVlogTV", "We", "Us", "Our", "Ourselves" "Staff", "Moderator", "Moderators"), AS A VISITOR, A REGISTERED MEMBER, OR SOMEONE ACCESSING THE WEBSITE ("You", "Your", "Yourself", "User", "Users"), YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE (the "Terms of Service", "Terms", "TOS"), BY THE PRIVACY POLICY (the "Privacy Policy"), WHICH CAN BE FOUND AT www.iVlog.TV/privacypolicy, AND BY THE REFUND POLICY (the "Refund Policy"), WHICH CAN BE FOUND AT www.iVlog.TV/refundpolicy, WHICH ARE INCORPORATED HEREIN BY REFERENCE, REGARDLESS OF YOUR FAILURE TO READ THEM. Any reference to "UGC", refers to User Generated Content, by any means, including but not limited to: chat, posts, direct upload or stream.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING AND/OR REGISTERING WITH iVlog.TV WEBSITE, AS THEY CONTAIN BINDING LEGAL TERMS AND OBLIGATIONS.
IF YOU DO NOT AGREE TO ANY OF THESE TERMS, PLEASE DO NOT USE THE iVlog.TV WEBSITE.
2. Permission to Use
Welcome to www.iVlog.TV!
You can use the iVlog.TV Website, provided that:
(i) you shall comply with these Terms of Service;
(ii) the use of the iVlog.TV Website will be solely for your personal use;
(iii) no commercial use of the iVlog.TV Website will be done or authorized to be done by you;
(iv) by using the iVlog.TV Website you shall not infringe any third party's intellectual property or other rights;
(v) you will not make any change or modification to the iVlog.TV Website and/or copy any part of the iVlog.TV Website or the User Generated Content, without iVlog.TV's prior written permission; and
(vi) you shall not interfere with any other party use and enjoyment of the Website.
This site is designated for the use of any person, 18 years of age or older. iVlog.TV may contain some content that could be considered offensive. IF YOU ARE UNDER THE AGE OF 18, YOU DO NOT HAVE PERMISSION TO REGISTER ON iVlog.TV, ACCESS AND/OR VIEW ANY CONTENT ON iVlog.TV FOR ANY REASON AND YOU MUST LEAVE THIS WEBSITE IMMEDIATELY. By entering the Website and accessing and/or viewing any content or services on iVlog.TV, you represent that you are 18 years of age or older. By using the Website in order to broadcast, you represent that you are 18 years of age or older and are fully able and competent to enter into this Agreement.
In case you wish to use the Website from a location that is outside the UK, you are kindly requested to ensure, at your own responsibility, that such use is in compliance with and does not violate any laws applicable in such location. iVlog.TV will not be responsible for any violation of local rules and regulations resulting from the use of the Website in such locations.
3. User Accounts
In order to use some features of the iVlog.TV Website, you will have to register with the Website, become a member, and have a valid user name and password. A stream key will be assigned to your account, allowing you the ability to broadcast a video stream on your user profile webpage. You must provide accurate and complete information when registering, and ensure that the information remains accurate, current, and complete. If iVlog.TV has reasonable grounds to suspect that such information is inaccurate or incomplete, it may suspend or terminate your access to and use of the Website and refuse any and all current or future use of the Website. iVlog.TV STAFF, MODERATORS, AND ADMINISTRATORS WILL NEVER ASK YOU FOR YOUR PASSWORD OR STREAM KEY. iVlog.TV's use of any personally identifying information you provide as part of the registration process, is governed by the terms of the Privacy Policy.
Please note that a username may not:
(i) be identical to another username that already exists;
(ii) include the name of another person with the intention or perceived intention of impersonating that person;
(iii) be the name of another person or entity, without their authorization; or
(iv) violate the intellectual property rights of any third party.
In addition, iVlog.TV may refuse the registration or demand the replacement of any requested or existing username that it considers, in its sole discretion, as being inappropriate.
Your membership is solely for your personal use and is not transferable. You are solely responsible for the confidentiality, use, and maintenance of your username, password, and stream key, and for all activities that occur through your account. You agree that you will not disclose your username, password, or stream key to any other person. You agree to notify iVlog.TV immediately of any unauthorized use of your username, password, stream key, or account, or any other breach of security. iVlog.TV is not responsible or liable for any unauthorized use of the website through your account until you notify us of any such unauthorized use. Unauthorized use of any account or other personal user information, including disclosure of your username, password, or stream key, is considered a breach of these Terms and may result in automatic termination of your account, which may not be reversible. You are responsible to ensure that you exit from your account at the end of each session if you are using a shared or public computer to access iVlog.TV, to prevent unauthorized access to your account. iVlog.TV is authorized to act on any communications and/or instructions received through your account and is not liable for any loss or damage due to any failure to comply with this section of the Terms. iVlog.TV cannot and will not be liable for any loss or damage arising from any failure to protect your username, password, stream key, or account information.
4. Intellectual Property Rights
All content and information on the Website including, without limitation, software, code, text, graphics, photos, images, sounds, audio clips, and video clips, promotional contests and interactive features, but excluding all UGC (collectively, "Content") is owned by iVlog.TV or its licensors and is protected by copyright and other intellectual property laws. All branding, trademarks, service marks and logos contained therein (collectively, "Marks") are the exclusive property of iVlog.TV or its licensors. The Content may not, in whole or in part, be copied, modified, reproduced, distributed, transferred, transmitted, broadcasted, published, displayed, sold, licensed, or otherwise exploited in any manner and for any purpose whatsoever, without the prior written consent of iVlog.TV. iVlog.TV reserves all rights not expressly granted in the Content.
Similarly, you may not copy, modify, reproduce, distribute, transfer, transmit, broadcast, publish, perform, display, sell, license, or otherwise exploit in any manner and for any purpose whatsoever, any third party's UGC obtained through the Website, without the prior written consent of its owner.
5. User Generated Content
For the avoidance of doubt, the term User Generated Content ("UGC") refers to any and all content generated by users and posted, broadcasted, uploaded, streamed, published, etc. by users to or through the Website. This may include, but is not limited to, images, video, audio, and/or text.
iVlog.TV is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to any UGC. iVlog.TV does not endorse any UGC or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with UGC. You hereby waive any legal or equitable rights or remedies you have or may have against iVlog.TV with respect thereto, and agree to indemnify and hold iVlog.TV, its parent company, officers, directors, employees, agents, representatives, partners or anybody else on its behalf, harmless to the fullest extent allowed by law, regarding all matters related to your use of the Website.
You shall be solely responsible for your UGC and its consequences. In connection with your UGC, you affirm that:
(i) you own or have all the necessary licenses, rights, consents, and permissions to use and authorize iVlog.TV to use, all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all UGC to enable inclusion and use of the UGC in the manner contemplated by the Website and these Terms of Service; and
(ii) you have the written consent of each and every identifiable individual person in the UGC to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the UGC in the manner contemplated by the Website and these Terms of Service.
By broadcasting and/or posting your UGC through or on the Website, you grant iVlog.TV a royalty-free, non-exclusive, worldwide, sublicenseable and transferable license to: use, reproduce, record, store, adapt, translate, modify, make derivative works (including without limitation, reformat, rename, edit, shorten, split UGC into segments and use as part of compilations), transmit, distribute, publicly perform or display the UGC and your username, via all forms of media now known or hereafter devised, all in connection with the Website and iVlog.TV's (and its successor's) business, including without limitation, promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels (including though third parties and/or cellular)
You also hereby grant each user of the Website or other viewer of your UGC a non-exclusive royalty-free right to access your UGC through the Website for all non-commercial and personal use.
The foregoing license granted by you terminates once you remove or delete a UGC from the Website. However, if iVlog.TV will then be using the UGC, for the promotion of the Website, it may continue to use of the said UGC, and the license granted for that purpose shall not be revoked or terminated.
In addition, by broadcasting and/or posting your UGC through or on the Website, you acknowledge and agree that:
(i) iVlog.TV is not responsible for any loss, damage, or corruption that may occur to you or any third party in connection with your UGC;
(ii) any UGC you provide for display on the Website will be considered non-confidential and iVlog.TV is not responsible for any use that may be done by third parties with or in connection with such UGC ;
(iii) iVlog.TV is not responsible for any reaction, messages or comment you may receive to or in connection with your UGC; and
(iv) iVlog.TV may add advertisements before, after, during or on the same web-page as your UGC.
In connection with UGC, you further agree that you will not submit any content that:
(i) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant iVlog.TV and the users of the Website all of the rights granted herein;
(ii) is offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(iii) violates any legal rights of another person, including content that is invasive of privacy or publicity rights, the disclosure of any personal information, and content that is abusive, threatening, obscene, defamatory or libelous or harasses or advocates harassment of another person;
(iv) is false, misleading, deceptive or misrepresenting, including impersonating as another person;
(v) is vulgar, pornographic, violent, hateful, racially or ethnically offensive;
(vi) is illegal in any other way, encourages or promotes conduct that would be considered a criminal offense, give rise to civil liability, or violate any local, state, federal, or international law, or is inappropriate in any other way;
(vii) is or includes advertisements, solicitations of businesses or any other commercial content unless otherwise approved by prior written notice from iVlog.TV;
(viii) could be harmful to minors;
(ix) solicits or discloses any personal information from anyone on the Website;
(x) contains viruses, trojan horses, worms, time bombs, corrupted files or any other malicious applications and programs;
(xi) may be damaging or detrimental to the activities, operations, credibility or integrity of the Website and business of iVlog.TV or any third party.
(xii) allows any person who is banned from the site to be a part of your broadcast by means of video or audio, or allow them to interact with the site using your broadcast.
(xiii) allows a person younger than 18 years to interact with the website. This specifically includes allowing them to read a chat or allowing them on camera as a focus of your broadcast.
iVlog.TV does not permit illegal activities, including copyright infringing activities and infringement of intellectual property rights, on or through the Website, and does not condone inappropriate content including, without limitation, content that is defamatory, discriminatory or illegal.
iVlog.TV does not permit the posting of any sort of nudity or inappropriate content on the profile of a user and/or a broadcaster.
iVlog.TV shall be entitled, but have no obligation, to monitor UGC at all times to determine compliance with these Terms of Service and to satisfy any law, regulation, or authorized government request. iVlog.TV nonetheless does not assume nor shall it assume any responsibility for any UGC, nor any obligation to modify or remove any inappropriate or infringing UGC, and nor any responsibility for the conduct of the member broadcasting or posting any such UGC, and explicitly disclaims any and all liability in connection with the UGC. iVlogTV is not, under any circumstances, responsible for the use or misuse, by anyone, of any information, personal or otherwise, that you transmit, in anyway, through the Website and/or UGC. You agree that iVlog.TV, in its sole discretion (with or without cause) and without notice, may monitor disputes between you and other users and that we shall have no liability for any action or inaction of yourself or any other user.
6. Copyright Infringement PolicyiVlog.TV has also adopted a policy and certain procedures regarding allegations of copyright infringement occurring on the Website. It is the policy of iVlog.TV to terminate the membership of any member who infringes the copyright rights of others upon receipt of proper notification to iVlog.TV by the copyright owner or the copyright owner's legal agent. iVlog.TV policy is to promptly process and investigate any allegations brought to its attention.
If you believe that your rights have been violated in any way that constitutes a copyright infringement, in any UGC, and you want iVlog.TV to remove or edit the UGC in question, please provide our designated agent with the following information:
(i) a physical or electronic signature of a person authorized to act on behalf of the owner of rights in the work allegedly infringed;
(ii) a description of the copyrighted work claimed to have been infringed;
(iii) a description of the UGC that is claimed to be infringing and reasonably sufficient information to permit us to locate it (preferably, if applicable, a URL);
(iv) your address, telephone number, and/or e-mail address;
(v) a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that the information in the notice is accurate, and that you are the owner or authorized to act on behalf of the owner of the right that is allegedly infringed.
For this notice to be effective, you must provide it to iVlog.TV's designated agent for notices of claims of copyright infringement, which can be contacted by e-mail: [email protected]
In connection with the foregoing, iVlog.TV reserves the right, in its sole and absolute discretion, to terminate any broadcast, to remove of a posted UGC, and/or to suspend or terminate the access to and use to all or any part of the Website and refuse any and all current or future use of the Website, at any time, with or without prior notice, of any member and/or user who violates these Terms of Service.
iVlog.TV also reserves the right to decide whether a UGC is appropriate and complies with these Terms of Service, for all violations other than violations of intellectual property law, including but not limited to, in case of allegations of pornography, obscene or defamatory UGC.
7. Linking
While iVlog.TV encourages links to the Website, you may not link the Website to or from any third party Website which contains, posts or transmits any unlawful information of any kind, including any content that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, federal, or international law, or which may be damaging or detrimental to the activities, operations, credibility or integrity of the site and iVlog.TV.
8. Malicious Use
You agree not to interfere with security related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein. iVlog.TV will use reasonable information security practices and is not liable in the case of breach of implemented physical, technical and managerial security controls.
You may not collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes, including sending Spam, junk-mail, chain letters or any other form of bulk communications. You may not use the website to disrespect, attack, stalk, or otherwise harass any user or staff. This includes, but is not limited to, intentionally wasting the time of staff and/or moderators and/or abusing the flagging system.
You agree not to use or launch any automated system, including without limitation, 'robots', 'spiders', 'offline readers' and such, that accesses the Website in a manner that sends more request messages to the Website in a given period of time than a human can reasonably produce in the same period. However, iVlog.TV grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. iVlog.TV reserves the right to revoke these exceptions either generally or in specific cases.
You may not use the site in any way that may be damaging or detrimental to the activities, operations, credibility or integrity of the site and iVlog.TV, or that may interfere with any third party's access use and enjoyment of the Website.
Without derogating from the aforesaid, in case a Broadcaster does not adhere to the following terms, such Broadcaster will be subject to the relative sanctions. All broadcasters must:
(i) abstain from showing themselves or others nude or during any sexual act;
(ii) for avoidance of doubt, it is stated that sexually explicit content is strictly prohibited on this website; and
(iii) refrain from showing any form of illegal substance or paraphernalia.
9. Currencies/Transactions/Monetization
All prices stated on the site and collected by us are in $USD.
All Chip Transactions, Credit Transactions and Purchasable items are covered by our Refund Policy.
(i) Multibroadcaster Accounts are NOT eligible for our gifting system or a Studio upgrade or purchase;
(ii) Any account wishing to convert to a Multibroadcaster Account will be subject to the gift balance being blocked on that account and any funds will not be transferable;
(iii) Spending Chips received from gifts will be subject to the oldest received chips being used for re-gifting or purchases first, even if they are eligible for monetization from a previous or current Studio Account;
(iv) We do not have a threshold or selection process to qualify for a Studio account to monetize your gifts. You as the user, create self eligability by confirming you have, and register on your account, a "Paypal Account" capable of receiving $USD, upgrading to or purchasing a Studio Account, and are responsible for monitoring its transactions, upkeep of your account status and responsible for any Paypal fees. You are also responsible for any, local, federal or national taxes from income;
(v) Any gift chips received will ONLY be eligible for monetization during a Studio Account Status of that username, at the time they are received. If your Studio Account expires you will NO longer be able to monetize FURTHER gift chips until you purchase another Studio Account for that same username. The previous balance will be retained minus any Purchases you make from your gift chip balance;
(vi) You can only collect (transfer to your registered Paypal Account) previously saved up, monetized Chips, if your account has a Studio Account Status;
(vii) You can only collect previously saved up, monetized Chips, if they have been maintained in your account for a MINIMUM duration of 2 months and not subject to section 9.(iii);
(viii) Monetized Chips will expire if not collected AFTER 6 months of them being available for collection. This translates to 8 months expiration from the date they were received. Refer to section 9.(vii);
(ix) Monetized Chips will be converted automatically using a tiered system, depending on the balance at the time of collection. Tiers start from $5USD per 1000 chips up to $10USD per 1000 chips and will be calculated automatically for you;
(x) Monetized Chips will be required to be collected as a whole at any one time, cannot be split into smaller collections and the balance value more than $50 to qualify for a collection;
(xi) The current maximum allowed balance for a collection is $6000. If this target is reached we require you to collect this balance immedietly;
10. Recordings
All shows will be recorded as part of the broadcasting process.
We cannot guarantee the success of every recording, as there may be something beyond our control that prevents your show being recorded.
Some recordings may be deleted in the process of maintenance of servers, ie, to preserve space.
We will endeavour to keep as many recordings as possible for recorded shows.
If a show's recording is disrupted by a drop in broadcasting, the show recording will continue once you start your broadcast again within 10 minutes, but will be split into parts for each broadcast.
If you continue your broadcast after 10 minutes, the recording will be considered a new show, and may only continue if you are eligible for extended recordings.
A thumbnail for the show recording will be taken after the show has completed the recording.
All users get 1 hour free recorded shows.(see termination of recording).
1 recording per show per day (after a previous show has stopped for at least 6 hours), with the exception of Pro Account Users who will be recorded immediately.
Pro Account users may be eligible for extended recording, which must be requsted in a support ticket. Be Aware, your request may be denied if your show is categorized in the Termination of recording section.
Termination of recording: Your show recording will be switched off if:
(i) Your show is deemed inappropriate by moderation staff;
This includes, inappropriate show content, including movies, TV shows or non-interactive music show with regard to video and audio or content that is of a questionable nature for playback.
(ii) your show is a 24/7 show.
We reserve the right to terminate recording privileges at any time.
Your recording privileges will be returned, if requested and if the nature of your show changes, for a period of at least 1 month.
11. Termination
This Agreement shall remain in full force while you use the Website and/or are a member of the Website. You may terminate your membership at any time, for any or no reason, by pressing delete account from your account settings menu. As described in the Refund Policy, any termination, on the part of either iVlog.TV or yourself, does not trigger reimbursement or refund, if appropriate, of any purchases made from or through iVlog.TV.
You agree that iVlog.TV, in its sole discretion (with or without cause) and without notice, may suspend or terminate your account (or any part thereof), password or use of the Website, and remove and discard any or all your UGC within the Website, at its convenience and for any or no reason whatsoever.
iVlog.TV may immediately deactivate or delete your account and all related information and files in your account and/or posted by you and/or bar any further access to such files or the Website generally.
iVlog.TV may, in its sole discretion, and at any time modify or discontinue (temporarily or permanently) the Website, any of the services provided therein, or any part thereof, with or without notice.
12. Advertising Terms of Use
iVlog.TV assumes no responsibility for any content or practices of third party sites that are linked to from the iVlog.TV Website or from Users of the iVlog.TV Website. By using the Website, you expressly relieve iVlog.TV from any and all liability arising from any third party's website. iVlog.TV may contain advertisements. iVlog.TV does not control, investigate, monitor, screen, guarantee, or take any responsibility for third party advertisements that are posted on the Website, nor does it control, investigate, monitor, screen, guarantee, or take any responsibility for any goods or services provided by the advertisers.
You agree that you will not submit any content which includes advertisements, solicitations of businesses, chain letters, spam, or any other commercial content unless otherwise approved by prior written notice from iVlog.TV. However, you may mention, publish, broadcast, distribute, etc., your own personal profiles, personal homepages, personal wish lists, and/or personal online stores, on the grounds that it does not contravene any other terms contained herein.
13. Warranty
Disclaimer you expressly understand and agree that:
I) Your use of the website is at your sole risk. To the maximum extent permitted by law, iVlog.tv, it’s officers, directors, employees, partners and agents disclaim any and all warranties, express or implied, in connection with the website and your use thereof.
II) The website, the materials on the website and any hyperlinked third party websites are provided on an "as is" and "as available" basis.
iVlog.tv expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement; iVlog.tv makes no warranties or representations about the accuracy or completeness of the website's content (in this section the term content refers and includes also all UGC) or the content of any sites linked to this site and assumes no liability or responsibility for any:
(i) Errors, mistakes, or inaccuracies of content,
(ii) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website,
(iii) Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
(iv) Any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or
(v) Any errors or omissions in any content (or UGC) or for any loss or damage of any kind incurred as a result of the use of any content (or UGC) posted, emailed, transmitted, or otherwise made available via the website.
III) To the maximum extent permitted by law, iVlog.tv makes no warranty that:
(i) The website will meet your requirements
(ii) The website will be uninterrupted, timely, secure, or error-free;
(iii) The results that may be obtained from the use of the website will be accurate or reliable; and
(iv) The quality of any product, service, information, or other material obtained or purchased by you through the website will meet your expectations. In connection with the foregoing, any opinion, view or idea contained in any broadcast, channel, article, story or column published on the website is that of the submitting user and does not reflect or represent the views of iVlog.tv or anyone on its behalf;
IV) Any material downloaded or otherwise obtained through the use of the website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material;
V) iVlog.tv does not represent warrant or endorse the accuracy, reliability, completeness or timeliness of any information, content, views, opinions, recommendations or advertisements distributed through or accessed from any of the services contained on this website. iVlog.tv does not represent, warrant or endorse any product, information or material that is displayed, purchased or obtained by you as a result of an advertisement or any other information or offer displayed on the website or any hyperlinked third party websites; and
VI) To the maximum extent permitted by law, no advice or information, whether oral or written, obtained by you from the website shall create any warranty not expressly stated in the terms and conditions.
14. Limitation Of Liability
You expressly understand agree that in no event iVlog.tv shall be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages, including lost of profit, resulting from:(i) The use or the inability to use the website;
(ii) Errors, mistakes, omissions or inaccuracies of content (in this section the term content refers and includes also all UGC);
(iii) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website;
(iv) Unauthorized access to or alteration of your transmissions or data;
(v) Statements or conduct of any third party on the website;
(vi) Any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party; and/or
(vii) Any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not iVlog.tv was advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that iVlog.tv shall not be liable for user generated content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
You expressly acknowledge that iVlog.tv has entered into these terms of service, and has and will make the website and content available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth in these terms of membership, and that the same form an essential basis of the bargain between you and iVlog.tv.
The Website is controlled and offered by iVlog.TV from its facilities in the United Kingdom. iVlog.TV makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
15. Indemnity
You agree to defend, indemnify and hold harmless iVlog.TV, its parent company, officers, directors, employees, agents and partners from and against any and all claims, demands, damages, obligations, losses, liabilities, costs or debt, and expenses including, without limitation, legal fees and disbursements resulting, directly or indirectly, or arising from:
(i) your violation of these Terms of Service;
(ii) your access, use or inability to access or use the Website or any website to which the Website is or may be linked to from time to time;
(iii) your violation of any third party rights, including without limitation, any copyright, property, or privacy right;
(iv) any claim that your UGC caused damage to a third party; or
(v) your violation of any law or regulation.
This defense and indemnification obligation will survive these Terms of Service and your use of the Website.
16. General
(i) Assignment - These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by iVlog.TV without restriction.
(ii) Jurisdiction and governing law - These Terms of Service shall be governed by the internal substantive laws of the United Kingdom, without respect to its conflict of laws principles. The Website shall be deemed a passive website that does not give rise to personal jurisdiction over iVlog.TV, either specific or general, in jurisdictions other than the United Kingdom. Any claim or dispute between you and iVlog.TV that arises in whole or in part from this Website shall be decided exclusively by a court of competent jurisdiction located in the UK.
(iii) These Terms of Service, together with the Privacy Policy, the Refund Policy and any other legal notices published by iVlog.TV on the Website, shall constitute the entire agreement between you and iVlog.TV concerning this Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.
(iv) No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and iVlog.TV's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
(v) iVlog.TV reserves the right to amend or modify, at any time, these Terms of Service without notice.
(vi) For any questions relating to these Terms of Service, please contact us via the online Contact Us form or submit an e-mail to: [email protected]
(vii) iVlog.TV recommends that you check the Website periodically for any such amendments to the Terms of Service. iVlog.TV further recommends that you print a copy of these Terms of Service for future reference.
(viii) You and iVlog.TV agree that any cause of action arising out of or related to this Website must commence within one (1) year after the cause of action accrues, otherwise such cause of action is permanently barred.
BY CONTINUING TO USE THE WEBSITE, YOU ARE AGREEING TO ABIDE BY ALL THE TERMS AND CONDITIONS SET OUT IN THESE TERMS OF SERVICE.
Updated: November 9th 2023.
